OM PRAKASH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Cm No.21251/2021 (for exemption)

(2.) The application is disposed of.

(3.) The present petition has been filed by 19 petitioners working as Inspectors / Sub Inspectors with the respondents Central Reserve Police Force (CRPF). It has been pleaded by the petitioners that (i) they are working with the respondents as Inspectors/ Sub Inspectors and earlier the date of superannuation for the petitioners was 57 years; (ii) it was held in the judgment dated 31st January, 2019 by Division Bench of this Court in W.P.(C) No.1951/2012 titled Dev Sharma Vs. Indo Tibetan Border Police, that there will be a uniform age of superannuation in all Central and Allied Police Forces (CAPFs) of 60 years irrespective of rank; (iii) the SLP against the said judgment was dismissed by the Supreme Court on 10th May, 2019 and the review petition was also dismissed on 16th July, 2019 by the Supreme Court; (iv) with effect from 31st January, 2019, the superannuation age in respect of all personnel including the petitioners stood enhanced from 57 years to 60 years; (iv) all the petitioners superannuated between 31st January, 2019 and 30th June, 2019, as the respondents failed to implement the aforesaid judgment. ; (v) on 19th August, 2019, Ministry of Home Affairs (MHA) finally issued an order implementing the judgment of this Court in Dev Sharma supra; (vi) in terms of the aforesaid order, all the petitioners re-joined the respondents CRPF between 1 st October, 2019 and 20th November, 2019 after returning the pensionary benefits received by them after superannuation at the age of 57 years; (vi) after re-joining, they were denied pay and allowances for the intervening period, from the date of superannuation at the age of 57 years to the date of re-joining by the respondents on the principle of "no work, no pay".